Additional HMO licensing consultation 2023

You can view the full consultation document as a PDF here: 2023 additional HMO licensing consultation document [pdf] 14MB

Or as a HTML here: 2023 additional HMO licensing consultation document [HTML]

The additional hmo licensing consultation results can be found here.

The results are also available as a PDF download: 2023 HMO Consultation Results and Feedback Report [pdf] 4MB

The Housing Act 2004 provides local authorities with the power to designate areas as being subject to discretionary additional licensing schemes, in relation to some or all of the HMOs in that area which are not already subject to mandatory HMO licensing.

In 2010, a general approval was issued to enable local authorities to designate additional licensing schemes in their area, provided there is a minimum 10-week consultation period. In applying an additional licensing scheme, the local authority must consider:

• that a significant proportion of the HMOs, that will be subject to the proposed designation, in the area are being managed sufficiently ineffectively as to give rise, or likely to give rise, to one or more particular problems either for those occupying the HMOs or for members of the public
• whether there are any other courses of action available to them that might provide an effective method of dealing with the problem or problems in question
• that the making of the designation will significantly assist them to deal with the problem or problems
• any representations made in accordance with the consultation are not withdrawn; and consult persons likely to be affected by the designation

Concerns have been raised about the increasing number of HMOs, especially those which are smaller and do not currently need a mandatory licence, is resulting in poorer quality accommodation. Research and analysis have been undertaken by the Building Research Establishment (BRE) on our behalf. This research concluded that there was sufficient evidence to support the introduction of an additional HMO licensing scheme in parts of Arun. The analysis shows that conditions in many of these properties, where sharing of cooking, washing and toilet facilities is occurring or where a building has been converted without building control approval, may be below acceptable standards. However, these poor conditions are being largely missed as they are rarely or never inspected, apart from on a purely reactive basis. Detailed analysis of HMOs and housing in the Private Rented Sector (PRS) is included in the BRE Housing Stock Model Data report and in our consultation document.

We are proposing to introduce an Additional HMO licensing scheme in River Ward in Littlehampton and Hotham and Marine Wards in Bognor Regis.

You can view the maps and full list of roads included on this separate webpage.

The following types of rented properties will be included within the proposed scheme:

• Houses and flats
  • A house occupied by three or four persons forming more than one household who share a basic amenity, that is sharing bathroom, toilet or cooking facilities.
  • A flat occupied by three or four persons forming more than one household who share a basic amenity located within the flat, that is sharing a bathroom or WC or cooking facilities.
  • A building that has been converted into flats but not all the flats are fully self-contained flats. There may not necessarily be sharing of all amenities, but at least some sharing of bathroom, WC or kitchen facilities.
• Section 257 HMOs:
• Converted block of flats, either the whole building or part of a building, where the following apply:
  • The building or part of it (including those with commercial premises within the overall building and including common parts of buildings) has been converted into self-contained flats; and
  • The conversion into self-contained flats did not (and still does not) meet the Building Regulations 1991 (or later); and
  • Less than two-thirds of the flats are owner-occupied.

Individual flats in converted properties will be considered as owner-occupied if they are occupied by:

• Someone who has a lease of the flat which has been granted for a term of more than 21 years, or
• Someone who has a freehold interest or estate in the converted block of flats.

Apart from the exemptions and exclusions listed below, the proposed scheme will include all rented houses and flats with three or four persons in two or more households where there is sharing of bathroom and/or WC and/or cooking facilities.

For section 257 HMOs the additional licensing scheme will cover the external parts of a building including land associated with it such as gardens or yards, and communal areas such as hallways and landings. In these cases, it would be for the freehold owner to obtain the licence.

For a flat in a section 257 converted building that is occupied by three or four persons forming more than one household who share a basic amenity all of which are within the flat, that is sharing bathroom and/or toilet and/or cooking facilities, it would be for the owner of that individual flat to obtain the licence (whether the freeholder or a leaseholder). In some scenarios this will therefore require two (or more) licences to be in place in regard to the same building – one for the communal areas which are under the freeholder’s control (as well as any applicable flats under their control) and one for each flat with three or four occupants which is under a leaseholder’s control.

Those properties that have five or more occupants in two or more households and who share facilities are already covered by the mandatory HMO licensing requirements and should already have obtained a licence.

Properties that are already mandatorily licensed would not be required to obtain an additional licence under the proposed additional HMO licensing scheme.

Additional licensing schemes operate for a period of up to five years before they need to be renewed. A new consultation would then be undertaken at that time.

Examples of the types of properties that will be included in Arun’s additional HMO licensing scheme are shown below:

Colour key

Yellow = Under freehold ownership control, including exterior of building and any associated land

Red = Under leasehold ownership control three or four occupants in two or more households sharing bathroom, WC or cooking facilities

White = Under leasehold ownership control rented to a single occupant or a couple, two unrelated occupants, or a family or owner-occupied

 

Example 1

Freeholder owns the building

Entire house or flat has five or more occupants in two or more households sharing bathroom, WC or cooking facilities

Already licensable under the mandatory HMO licensing regime

 

Example 2

Freeholder owns the building

Entire house or flat with three or four occupants in two or more households sharing bathroom, WC or cooking facilities

Licensable under the proposed scheme. It would be for the freeholder to obtain the licence

 

Example 3

All three flats in the building are owner-occupied

Not licensable under the proposed scheme

Fire safety regulations and guidance would still apply to lobbies, hallways and landings

 

Example 4

Two flats are owner-occupied but the third is rented out to a family or fewer than three occupants

Not licensable under the proposed scheme

Fire safety regulations and guidance would still apply to lobbies, hallways and landings

 

Example 5

One flat is owner-occupied or rented to a family or fewer than three occupants by the freeholder

Two flats are rented out by leaseholders to a family or fewer than three occupants in each flat

Licensable under the proposed scheme

Only the common parts of the building and the exterior of the building and associated land would be covered by the license. It would be for the freeholder to obtain the licence

 

Example 6

One flat is leasehold owned and occupied

One flat is leasehold-owned but rented out to a family or fewer than three occupants

One flat is leasehold-owned and rented out to three or four occupants in two or more households sharing bathroom, WC or cooking facilities (red unit)

Under the proposed scheme the building is licensable including common parts and the exterior of the building, and associated land. This would be for the freeholder to obtain the licence

The flat rented out to three or four occupants is individually licensable under the proposed scheme. This would be for the flat’s owner to obtain the licence

 

Example 7

One flat is leasehold-owned and occupied or rented out to a family or fewer than three occupants

Two flats are leasehold-owned and rented out to three or four occupants in two or more households sharing bathroom, WC or cooking facilities (red units)

Under the proposed scheme the building is licensable including common parts and the exterior of the building, and associated land. This would be for the freeholder to obtain the licence

The two flats rented out to three or four occupants are both individually licensable under the proposed scheme. This would be for the flats’ owners to obtain the licences

 

Example 8

The freeholder owns the building and one flat which they rent out to three or four occupants in two or more households sharing bathroom, WC or cooking facilities

Two flats are rented out by leaseholders to a family or fewer than three occupants in each flat

Licensable under the proposed scheme

The common parts of the building, the exterior of the building and associated land and the flat with three or four occupants would need to be licensed. It would be for the freeholder to obtain the two licences

 

Example 9

Ground floor is a commercial premise

The two flats above the commercial premises are rented out to a family or fewer than three occupants in each flat

The common parts entrance and stairs and exterior of the building, and associated land are licensable under the proposed scheme. This would be for the freeholder to obtain the licence

 

Example 10

Two flats with communal hallway and landing on ground and first floor level

One flat is leasehold owned and rented out to a family or fewer than three occupants

One flat is leasehold-owned and rented out to three or four occupants in two or more households sharing bathroom, WC or cooking facilities (red unit)

Under the proposed scheme the building is licensable including common parts and the exterior of the building, and associated land. This would be for the freeholder to obtain the licence

The flat rented out to three or four occupants is individually licensable under the proposed scheme. This would be for the flat’s owner to obtain the licence.

 

Example 11

Two flats accessed by a communal lobby on the ground floor only. Each flat has a family or fewer than three occupants

Not licensable under the proposed scheme

Fire safety regulations and guidance would still apply to the lobby or entrance hallway

 

Example 12

Three flats all with their own separate entrances and no communal parts

Each flat has a family or fewer than three occupants

Not licensable under the proposed scheme

 

Example 13

Converted property where some flats do not have their own bathroom, WC or cooking facilities within the flat

Freeholder owns and rents out each flat

The common parts and exterior of the building, shared bathrooms and kitchens, and flats 2 and 3 are licensable under the proposed scheme. This would be for the freeholder to obtain the licence

 

Exemptions and exclusions

There are a number of properties and occupancy types that are exempt from requiring a HMO licence, either mandatory or additional. These exemptions to the licensing requirements are included in Schedule 14 of the Housing Act 2004 and primarily relate to buildings owned and managed by public sector bodies, housing associations, the police, and educational establishments. For the proposed scheme these will include the following:

• Any property occupied by only two people who form two households
• Buildings managed by a local housing authority, registered social landlord, police or fire and rescue authority or a health service body
• Buildings already regulated under certain other statutory provisions, such as care homes
• Student halls of residence and buildings managed by an educational establishment
• Buildings occupied for the purposes of a religious community whose principal occupation is prayer, contemplation, education or the relief of suffering. (This does not apply in the case of a converted block of flats to which section 257 applies)
• Common parts of purpose-built blocks of flats that meet the relevant Building Regulations at the time they were built (but individual HMO flats within the block may be licensable)
• The owner lives in the property with no more than two lodgers
• Owner-occupied properties. (This does not apply in the case of a converted block of flats to which section 257 applies, except for the purpose of determining the status of any flat in the block)
• Rooms or dwellings that are let as short-term accommodation on a commercial basis - for example a 'host family' arrangement for foreign students, a holiday let, or Airbnb (but if one room is let as the main residence of a tenant, the property may need a licence). It will be for the council to determine on evidence provided whether a let is a short-term let rather than a tenancy or other type of accommodation
• Properties let as part of an adult placement or Shared Lives scheme where up to three adult placements, plus their careers, live at the property
• Properties which are subject to a temporary exemption under section 62 of the Housing Act 2004
• Properties which are already subject to mandatory HMO licensing under section 55(2)(a) of the Housing Act 2004

It should be remembered that properties with three or more people and two or more households are still HMOs even if they are not licensable under the mandatory licensing scheme and are already legally required to meet national and/or local HMO standards.

Shared houses and flats with 3 or 4 occupants

The most appropriate person to apply for a licence will be the “person having control” of the property. This is normally the person who receives the rent. This may be a freeholder (for example, in respect of a building) or lessor who receives rent (in respect of an individual flat), whether directly or via an agent, from tenants or occupants of the property. In determining whether the proposed licence holder is the most appropriate party we will consider whether they have:

• the authority to ensure compliance with the licence conditions
• the authority to let and terminate the tenancies and receive the rental income
• are able to access all parts of the premises

Buildings converted into self-contained flats

In basic terms, the “person having control” and most appropriate person to be the licence holder in regard to a section 257 HMO building will usually be the freehold owner in regard to common parts. For a flat in a section 257 converted building that is occupied by 3 or 4 persons forming more than one household who share a basic amenity, it would be for the owner of that individual flat to obtain the licence (whether the freeholder or a leaseholder). In some scenarios this will therefore require 2 (or more) licences to be in place in regard to the same building – one for the communal areas which are under the freeholder’s control (as well as any applicable flats under their control) and one for each flat with 3 or 4 occupants which is under a leaseholder’s control.

There are fees to be paid to obtain a HMO licence. The fee structure being proposed is detailed below. This is based on the officer and administrative costs that it takes to fully process and issue the licence application:

3 person or 4 person house base fees

3 person or 4 person house base fee:	Total cost:
Part 1 initial application fee	£1511
Part 2 licence issue fee	£323

 

 

 

 

3 person or 4 person flat/apartment base fee

3 person or 4 person flat/apartment base fee:	Total cost:
Part 1 initial application fee	£1361
Part 2 licence issue fee	£323

 

 

 

 

s257 HMO base fee per building of up to 2 storeys – only external parts and common parts, such as hallways and landings, and under the control of the freeholder

s257 HMO base fee per building of up to 2 storeys – only external parts and common parts, such as hallways and landings, and under the control of the freeholder	Total cost:
Part 1 initial application fee	£1211
Part 2 licence issue fee	£323

 

 

 

 

 

 

s257 HMO base fee per building of more than 2 storeys – only external parts and common parts, such as hallways and landings, and under the control of the freeholder

s257 HMO base fee per building of more than 2 storeys – only external parts and common parts, such as hallways and landings, and under the control of the freeholder	Total cost:
Part 1 initial application fee	£1260
Part 2 licence issue fee	£323

 

 

 

 

 

 

Further information on fees is available in the full consultation document, including those already applicable for HMO licences for 5 or more occupants under mandatory HMO licensing.

Licences would in general be for a five-year period, the maximum permitted by law, as with the mandatory HMO licensing regime. However, in some particular circumstances a licence might be issued for a shorter period, including in regard to the penalty schedule.

The licensing process can be time-consuming and complicated. It is therefore important that the landlords or licensees of those properties that will fall within the additional licensing scheme are proactive in applying for their licences. Time spent by officers in identifying and investigating non-compliant properties will have a significant knock-on effect to the overall success and efficiency of the scheme and other HMO-related work.

To encourage landlords/licensees to submit applications for licences in good time and before officers discover them through investigative work or complaints received, a penalty regime is in place.

 

Penalty schedule and length of licence

Penalty schedule	Length of licence
Application submitted within three months of commencement of an additional HMO licensing scheme.	Licence issued for 5-year duration
Application submitted after three months of the commencement date of the additional HMO licensing scheme but prior to investigation and/or contact by the private sector housing team.	Licence issued for 3-year duration
Application submitted after three months of the commencement date of the additional HMO licensing scheme but after investigation and/or contact by the private sector housing team.	Licence issued for 2-year duration
Application where a property is found to have been operating without a licence under the mandatory HMO licensing scheme for more than 3 months, following receipt of a complaint or as a result of other investigations.	Licence issued for 1-year duration
The responsible person may also be subject to enforcement action, for example, prosecution or issuing of a penalty notice.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Housing Act 2004 introduced Rent Repayment Orders (RRO). This was to cover situations where the landlord of a property had failed to obtain a licence for a property that was required to be licensed. An unlicensed property subject to a RRO imposed by the local authority, can require the landlord to repay up to 12 months’ worth of rent. If rent was paid through Housing Benefit or through the housing element of Universal Credit, then the rent must be repaid to the local housing authority. If the tenant paid their rent themselves, then the rent must be repaid to the tenant.

Failure to comply risks being issued with a banning order that prevents the property from being let. Serious and repeat offences may result in prosecution, a sentence of up to five years, and an uncapped fine.

The landlord may also be listed on the government’s Rogue Landlord database. An unlicensed property also means that the property manager cannot serve the occupier with a section 21 eviction notice.

Penalty fees, and any other additional fees, proposed for the additional HMO licensing scheme will also be applied to the already existing mandatory HMO licensing arrangements to ensure consistency across the entire licensing regime within the district.

Mandatory HMO licensing already covers properties that have five or more occupants in two or more households and who share facilities. Landlords of these properties should already have obtained a licence. Properties that are already mandatorily licensed would not be required to obtain an additional licence under the proposed scheme.

Read our standards for HMOs.

Mandatory HMO licence conditions required by virtue of Schedule 4 of The Housing Act 2004. These apply to houses and flats which are HMOs, and where applicable common parts of buildings that are HMOs or section 257 HMOs:

Maintenance of installations and appliances

The licence holder must take steps to ensure that the property, fittings and furniture (provided by him), including fire precautions, gas and electrical installations and appliances (provided by him), are maintained throughout the period of the licence to a satisfactory standard as per sections 65(3) and 65(4) of the Housing Act 2004.

Gas safety

The licence holder shall be responsible for ensuring that all gas installations and appliances comply with the Gas Safety (Installation and Use) Regulations 1998.

The licence holder must provide the council with a copy of the current and valid Gas Safety Certificate (i.e. less than 12 months old) to cover the full gas installation to the property and on demand by the council provide any further annual certificates throughout the duration of the licence. The inspection should be carried out annually by a Gas Safe^© registered engineer, and the certificate should be retained for at least two years following its issue. Any necessary remedial works identified shall be undertaken within a time period specified by the council.

The safety of the gas installation and appliances must be constantly maintained.

The licence holder must send the current gas safety certificate to the local authority every year on the anniversary of the issue of the licence.

Electrical safety

The licence holder must ensure all electrical installations and electrical appliances (provided by him) are kept in a safe condition. A declaration as to the safe condition of the appliances must be supplied to the local authority on demand.

The licence holder shall provide the council with a EICR Inspection Certificate completed by a competent electrical engineer in accordance with ‘Guidance note 3 for inspection reports’ produced by the Institute of Electrical Engineers. The council will accept certificates obtained in the last 5 years.

The licence holder shall ensure arrangements are made for electrical installations to be inspected every five years and on demand from the council provide a copy of this report. Any necessary remedial works including all Code 1, Code 2 and FI items identified shall be undertaken within a time period specified by the council.

The licence holder shall ensure arrangements are made for Portable Electrical Appliance Tests (PAT) to be carried out on each provided appliance every 12 months or more frequently if determined by the risk assessment or considered necessary upon visual inspection. The licence holder shall keep a written record of checks and faults and the PAT certificates and on demand by the council a copy of these test reports/results shall be supplied.

Any necessary remedial works identified in regard to PAT- testing shall be undertaken within a time period specified by the council. On demand, by the council, the Licence Holder shall provide a declaration as to the safety of such electrical appliances.

Furniture and furnishings

All soft furnishings supplied to tenants must comply with the Furniture and Furnishings (Fire) Regulations 1988 (as amended) and be maintained in a safe condition. On demand, by the council, the licence holder shall provide a declaration as to the safety of the furniture.

Fire alarm system

The licence holder must ensure that smoke and heat detectors are installed in the property. A declaration as to the positioning of such detectors and associated alarm system must be supplied to the local authority on demand.

The licence holder shall provide the council with a commissioning or inspection certificate provided by a competent electrician in accordance with British Standard 5839 Part 6. The council will accept a certificate obtained in the last 12 months. Further certificates to be provided if alterations or additions are made to the system. 

For most HMOs the fire alarm system will comprise of a Grade A or Grade D – LD1, LD2 or LD3 system, depending upon the property size, layout and mode of occupancy. The appropriate system requirements can be found in the “LACoRS Housing – Fire Safety. Guidance on fire safety provisions for certain types of existing housing” (or the LGG Guidance “Fire Safety in purpose-built blocks of flats” in certain circumstances where the property is a HMO in a purpose built building). Grade F systems (stand-alone battery-operated alarms) are not compliant with the legislation.

All fire alarms, smoke & heat detectors and emergency lighting should be maintained and serviced in accordance with the British Standard 5839 and British Standard 5266 Part 1 and kept in proper working order. On demand, by the council, the licence holder shall provide a declaration as to the safety and positioning of such alarms.

The licence holder must ensure that the smoke/heat detectors and, fire alarm system and fire equipment is kept in proper working order and shall employ the services of a competent person to annually check and test the fire alarm system and any fire extinguishers and fire blankets contained within the property and shall, upon demand from the Local Authority, provide evidence of the aforementioned testing and maintenance.

In any event, the licence holder shall annually produce evidence of servicing and testing of the fire alarm system for the inspection of the local authority.

Tenancy agreement

A written tenancy agreement shall be provided to all occupants of the property clearly setting out the terms on which they occupy it. On demand, by the council, the licence holder shall provide a copy of any tenancy agreement.

The agreement is to include the following:

• the type of tenancy, its duration and terms of notice
• the amount of rent due together with dates and methods of payment, and the circumstance when the rent may be reassessed
• the amount of deposit taken, how it is held and the terms for its return
• the details of what the rent covers, how it is to be paid, how any changes of rent will be notified to the tenant, arrangements for the return of rent deposits and how any deductions from the deposit will be agreed
• the respective responsibilities of the landlord and tenant for cleaning, repairing and maintaining the property, fittings and furnishings. This to include timescales for the tenant to report any disrepair which is the responsibility of the landlord to rectify, and for the landlord to respond
• the tenant is entitled to receive 24 hours’ notice, in writing, of the landlord’s intention to enter the property, or areas of the property to which he or his staff do not normally have access, for the purpose of carrying out maintenance, repairs or inspection. (except in the case of an emergency)
• the tenant, and any person visiting the tenant, must not commit any form of harassment or behave in a way that causes nuisance or distress to any other person in, or in the locality of the House in Multiple Occupation
• details of the landlord’s name, address and contact telephone number
• whether the tenant may sublet and any restrictions on tenants having visitors

Conditions imposed by the council by virtue of Section 67 of The Housing Act 2004 (Imposed Conditions). These apply to houses and flats which are HMOs, and where applicable common parts of buildings that are HMOs or section 257 HMOs:

Fire alarm system and emergency lighting

The licence holder shall ensure that the emergency lighting installed within the property is maintained and tested and shall employ a competent person to do so, and shall, upon demand from the local authority, provide evidence of the aforementioned testing and maintenance.  In any event, the Licence Holder shall annually produce evidence of servicing and testing for the inspection of the local authority.

The licence holder shall provide the council with a commissioning or inspection certificate provided by a competent electrician in accordance with British Standard 5839 Part 6. The council will accept a certificate obtained in the last 12 months. Further certificates to be provided if alterations or additions are made to the system.

All fire alarms and emergency lighting should be maintained and serviced in accordance with the British Standard 5839 and British Standard 5266 Part 1 and kept in proper working order. On demand, by the council, the licence holder shall provide a declaration as to the safety and positioning of such alarms.

Fire safety items

The licence holder shall employ the services of a competent person to annually check and test the fire extinguishers and fire blankets contained within the property and shall, upon demand from the local authority, provide evidence of the aforementioned testing and maintenance.  In any event, the licence holder shall annually produce evidence of servicing and testing for the inspection of the local authority.

Fire precautions

The licence holder shall ensure that any faults identified affecting the fire precautions and equipment contained within the property are remedied within a reasonable time period by, if necessary, the appropriately competent person and shall keep a log of all faults, indicating date of when the fault was found and the date the fault was remedied and shall, upon demand from the local authority, provide a copy of the log.

Refuse & litter

The licence holder shall provide and maintain the provision of suitable refuse and litter bins or other suitable receptacles on a scale adequate to the requirements of residents, except insofar as such provision is made by the local authority and make such supplementary arrangements for the disposal of refuse and litter from the property as may be necessary, having regard to any service provided by or required by the local authority.

The licence holder must ensure that there is adequate and sufficient provision for the collection, storage and disposal of waste from the property. This may require a commercial collection contract. The council may require the provision of documentation of any such commercial contract.

Repair & condition

The licence holder shall ensure that all parts of the property in common use are in and are maintained in repair (including, where appropriate, decorative repair), a clean condition and good order.

Maintenance

The licence holder shall ensure that all installations within the property in common use are in and are maintained in repair (including, where appropriate, decorative repair), a clean condition and good order.  This includes kitchen, bathroom and laundry facilities.

Cleanliness

The licence holder shall ensure that any living accommodation is in a clean condition at the beginning of a resident’s occupation of it.

Tidiness

The licence holder shall ensure that such parts of the property in common use as comprise staircases, passageways, corridors, halls, lobbies, balconies and entrances (including entrance doors, porches and steps) are kept free from obstruction.

Services provision

The licence holder shall not unreasonably cause a supply of gas or electricity to any resident in the house to be interrupted.

The licence holder shall ensure the installations in the accommodation for the supply of water, gas and electricity, for space heating and heating water and for sanitation are in and are maintained in repair and proper working order.

Water supply

The licence holder shall not unreasonably cause a supply of water to any resident in the property to be interrupted.

Services

The licence holder shall ensure that installations for lighting serving any part of the property in common use are readily available for use by residents to such extent and at such times as they may reasonably require.

Drainage and water supply

The licence holder shall ensure that all means of water supply and drainage in the property are in and are maintained in repair, a clean condition and good order (including, where appropriate, proper working order).

External areas

The licence holder shall ensure that boundary walls, fences and railings (including basement area railings), insofar as they belong to the property, are kept and maintained in repair so as not to constitute a danger to residents.

The licence holder shall ensure that every outbuilding, yard, area and forecourt which belongs to the house and is in common use, is in and is maintained in repair, clean condition and good order, and that any garden in common use belonging to the house is kept in a reasonable condition.

Property plan

A plan of the property showing the layout, location, room size (square feet or square meters) and number of rooms must be provided to the council if there are any changes or alterations to the property that deviate from the plan provided at the time of the licence application and/or subsequent to the licence being granted.

Managing anti-social behaviour

The licence holder must comply with all relevant legislation regarding the management of the property in such a way as to seek to prevent, or deal effectively with, any anti-social behaviour by tenants to anyone else in, or in the locality of the House in Multiple Occupation. In this regard, the landlord or their agents shall investigate complaints of noise and other possible sources of nuisance or anti-social behaviour, whether these complaints are made by the residents of the property or by residents of neighbouring properties. Where the landlord determines these complaints to be justified, they shall take all reasonable steps to resolve the problem.

Provision and display of information in property

The name, address and contact telephone number (including an emergency contact number) of the licence holder or manager must be displayed and remain displayed, in a prominent position, within the common parts of the property.

A copy of the licence, licence conditions, Electrical Installation Certificate and Gas Safety Certificate must be displayed and remain displayed, in a prominent position, within the common parts of the property. Adjoining neighbours must be provided with contact details of the Licence Holder or manager. The licence holder must provide tenants with clear advice on action to be taken in the event of an emergency.

Maintenance of records

The licence holder or property manager shall attend the property at frequent intervals and a written record of visual inspections undertaken relating to the overall condition of the property shall be maintained and produced to the council when requested. The purpose of the inspections is to:

1. Ensure the proper management of the property;
2. Ensure compliance with The Management of Houses in Multiple Occupation (England) Regulations 2006,
3. Ensure the property is maintained in such a condition that category 1 hazards, within the meaning of Part 1 of the Housing Act 2004, are not present or quickly eliminated.

The licence holder shall ensure maintenance of records of all inspections and of any works undertaken and make copies of these available for inspection by tenants and the council. Tests must be carried out in relation to the fire safety systems and equipment as detailed below. All tests must be recorded in a log book kept available for inspection by tenants and the council.

Frequency of inspection

System	Frequency of inspection
Fire alarm system	Weekly or monthly (in accordance with British standard 5839) depending on the type of system installed.
Emergency lighting system	Monthly (in accordance with British standard 5266)
Fire extinguishers	Annually (in accordance with British standard 5306)
Fire doors	Monthly

The above tests are additional to any periodical inspection and servicing carried out by competent persons/specialist company in accordance with British Standard 5839 part 6.

Relevant legislation

The licence holder must comply with the Management of Houses in Multiple Occupation (England) Regulations 2006 and from 1^st October 2018 the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 including any subsequent amendments and revisions, and all other relevant legislation affecting private sector residential tenancies, and all legislation relating to other activities carried on in the premises, including the Housing Act 2004.

Material changes to the licensed property or licence holder

The licence holder is required to notify the council of any changes to the property, including structural alterations, changes to the ownership or management, or events that may affect the fit and proper person status of the owner, licence holder or manager, which may affect the licence.

Where there is a material change of circumstance affecting the licence holder or the operation of the property, the licence holder must inform the council immediately. No alteration which may affect the licence contents or conditions attached to the licence may be made to the property without the prior written consent of the council, including change of address of the licence holder or manager

Notification of changes to licence details

During the period of the licence the council must be notified immediately:

• if an application to vary the licence has been received from the licence holder or relevant person by the council and variation to the licence has been agreed between the council and existing licence holder
• if there has been a change of circumstances to the premises since the licence was granted
• if the number of households or persons appropriate as the maximum number authorised to occupy the House in Multiple Occupation (including each room) has changed since the date the licence was granted
• if standards in relation to the occupation of the property by a particular number of households or persons have changed since the date the licence was granted

An application must be made to the council to change or ‘vary’ the licence details for the premises. A failure to notify the council of such a change would constitute an offence.

The licence holder must inform the council if they no longer reside at the address and provide the council with the new address details within 21 days.

The licence holder must inform the council if there is a change in managing agent within 21 days.

If the licence holder is a managing agent they must inform the council if the person who is specified as the main contact ceases to be employed by them and inform the council of the new contact within 21 days.

If the licence holder is a managing agent they must inform the council if they cease to have an interest in the property within 21 days.

General terms which apply to the licences issued by the council:

• the licence only covers the property or parts of the property named in the document
• the licence is not transferable to another person
• this licence comes into force on the date of issue

A licence lasts for a maximum period of 5 years (but may be any period between 1 and 5 years) from the date the licence was granted unless the following apply:

• the licence holder dies whilst the licence is in force
• the licence is revoked under section 70 of the Housing Act 2004
• the licence will continue to be in force even if the property ceases to be a licensable House in Multiple Occupation unless the licence holder dies, or the licence is revoked
• if the licence holder dies within the licensing period, the licence will cease to be in force

On the death of the licence holder the following shall apply:

• the licence ceases to be in force upon the death of the licence holder
• for a period of 3 months from the death of the licence holder the property shall be treated as if a Temporary Exemption Notice (TEN) had been served
• if during the initial three-month period the personal representatives of the licence holder request the local authority to do so, the authority may serve on them a notice which, during the period of three months after the date on which the initial period ends, has the same effect as a temporary exemption notice

Planning & Building Regulations

No grant of planning or building regulations is inferred or implied by the issuing of a HMO licence and you must ensure that you have obtained all relevant approvals, authorisations or certificates as may be required, from the relevant department.